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Supreme Court of India 2025-01-22 disposed

M/s Tamil Nadu Cements Corporation Limited vs Micro and Small Enterprises Facilitation

Bench: 3 — Sanjiv Khanna, Sanjay Kumar, Manmohan

In Brief

Tamil Nadu Cements Corporation, a government undertaking, challenged an MSEFC order requiring it to pay over Rs. 2.66 crores to a contractor for a cement manufacturing equipment contract. The Supreme Court considered whether a writ petition against MSEFC orders under Article 226 is maintainable. Finding conflicting earlier judgments, the Court referred critical questions to a larger Bench, including whether writ jurisdiction is absolutely barred, when the alternative remedy exception applies, and whether conciliators can subsequently act as arbitrators. The Court emphasised that writ jurisdiction, though discretionary, cannot be completely ousted by statute and remains available in exceptional cases involving justice and equity.

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Arbitration and Conciliation Writ Jurisdiction MSME Disputes Article 226 Alternative Remedy Statutory Arbitration Conciliation Consumer Protection Administrative Law Civil Procedure

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